In a personal injury case, what can a defendant's attorney file if they wish to have the plaintiff examined by a vocational rehabilitation expert?

The option to file a request for a physical examination is the correct approach for a defendant's attorney seeking to have the plaintiff examined by a vocational rehabilitation expert. In personal injury cases, it is common for the defendant to seek an examination of the plaintiff to assess their physical condition, capabilities, and any vocational rehabilitation needs. This examination serves to gather evidence regarding the extent of the injury as it relates to the plaintiff's ability to work and perform daily activities.

The Louisiana Code of Civil Procedure allows for such examinations under specific circumstances, particularly when a party's physical condition is in controversy. Therefore, a request for a physical examination is the proper legal mechanism to facilitate this evaluation and to potentially strengthen the defendant's position in the case.

The other options do not appropriately address the need for a vocational rehabilitation assessment. A motion to dismiss seeks to terminate the case altogether, a motion for summary judgment aims to resolve the case based on a lack of genuine issues of material fact without needing a trial, and a request for mediation is focused on seeking an alternative dispute resolution rather than gathering evidence through expert examination.